You are here

I filed an objection to the Plan, why was the plan still confirmed?

If a creditor files an objection to a Plan in either a chapter 12 or 13 case, specific reasons for objecting (i.e., plan does not meet one or more specific requirements of the Code (11 USC §1222 for chapter 12 or §1322 for chapter 13)) must be set out in the objection. To be considered, any objections must be filed at least seven (7) business days prior to the confirmation hearing with copies to the trustee, debtor and debtor’s attorney, if any, and the creditor must appear at the confirmation hearing. The fact that a creditor is not getting paid is usually not a sufficient reason for objecting unless the creditor is a secured creditor and the debtor is planning to keep the collateral.

The court must still confirm the plan over an objection if it meets the requirements of the Code(11 USC §1225 for chapter 12 or §1325 for chapter 13).